I have an IRS & legal question! What should I do next?
Long story short.
Back in 2004 my ex husband and I amended our 2002 tax returns. When we did we were to receive almost $4000 back from the IRS. After almost a year the IRS finally issued a check, but mailed it to his current address in only his name. I have a letter from the IRS stating that they failed to put my name on the check which is how he was able to cash it without my signature.
After a year of argueing with the IRS about THEIR mistake they finally told me that I would need to take my ex to small claims. Last year I did and I won a judgement for half of the refund check plus 9% interest.
The problem is he hasn’t paid me anything yet and it has been over a year. I tired levying his bank account, but his current wifes name is on it so they wouldn’t attach any of the funds. Everything that they own also has both their names on it. My question is what’s next. Is there anything the IRS can do since they are the who that put me in this situation by omitting my name? Thanks
,,I have an IRS & legal question! What should I do next? ,I have an IRS & legal question! What should I do next? ,Legal Advice needed…I took my ex to small claims court and won.? ,IRS question. Please help!? ,Treasury offset program question? ,Comments (4)
Go see the magistrate in the locality where you live and where your ex lives.
I would guess you would have to go through the court that ordered him to pay. I would think they would handle it because he defied their court order.
If HE has a job, you can probably have HIS wages garnished in order to receive your $$$$. Take a copy of your judgment to the local clerk of court and ask them how to proceed with setting up a garnishment.
The IRS screwed up, especially if you filed a joint return. Yeah, the IRS could do a lot, but it won’t. Since you’ve already won a judgement against your ex for half the amount, the IRS will probably do nothing for you. They’ve never done anything for me, but lots TO me.
True horror story: The IRS once denied my children existed, took away my earned income credit, dependent exemptions, changed my filing status. I wound up owing them over $5000. Even after I provided birth certificates, school records, medical records, etc. The IRS doesn’t give a f about you, me, or anyone else. No offense, but sorry, but that’s just the way it is.
Hold the IRS responsible. Demand your portion of the payment. Apparently, they audited your amended return and made a decision to send you both seperate checks.
Do exactly the same thing they do. Learn the proceedures. Do it in person, that is really the only way you can hold anyone person responsible. As you can see no letter is ever signed by any specific agent.
Mostly, familiarize yourself with Code section 7214. Offenses by officers and employees of the United States. I find these 2 sub paragraphs interesting, along with the punishment.
7) who makes or signs any fraudulent entry in any book, or makes or signs any fraudulent certificate, return, or statement; or
(8) who, having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the United States under any revenue law, fails to report, in writing, such knowledge or information to the Secretary; or
shall be dismissed from office or discharged from employment and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. The court may in its discretion award out of the fine so imposed an amount, not in excess of one-half thereof, for the use of the informer, if any, who shall be ascertained by the judgment of the court. The court also shall render judgment against the said officer or employee for the amount of damages sustained in favor of the party injured, to be collected by execution.